now that he's voted to uphold this law, would you still knowing what we know now, nominate a justice like john roberts? >> well, i certainly wouldn't nominate someone who i knew was going to come out with a decision that i rehemently disagreed with. >> joining me now is jeffrey toobin. voting for the united states senator is the number one reason to vote for them since they confirm these nominations. i just want to show you a moment that just occurred in the massachusetts senate debate tonight between scott brown and elizabeth warren. let's listen to that. >> who's your model supreme court justice? >> let me see here. that's a great question. i think justice scalia is a very good judge. justice kennedy. justice kennedy. the i think they're very qualified people there. >> miss warren who would be your model supreme court justice. >> i think it would probably be elena kagan. >> jeff toobin, it seemed elizabeth warren got that right the first time. we saw scott brown move from left to right. >> it looked like he was sort of randomly picking names out of the sky. the justices who had abs